The above matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Tony N. Leung dated July 26, 2013. No objections have been filed to that Report and Recommendation in the time period permitted. The factual background for the above-entitled matter is clearly and precisely set forth in the Report and Recommendation and is incorporated by reference. Based upon the Report and Recommendation of the Magistrate Judge and upon all of the files, records, and proceedings herein, the Court now makes and enters the following:

4. Defendants Paulson and Reid's Motion for Summary Judgment (Doc. No. [60]) is DENIED and the claims against them are DISMISSED WITHOUT PREJUDICE.

5. Defendant "MN. DOC" is DISMISSED as a party to this action.

6. This matter is DISMISSED.

LET JUDGMENT BE ENTERED ...

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